This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
This presentation talks about the Legal instrumentation in e-commerce industry in International market. It draws attention towards major legal issues in this industry and I have tried to find out the best solutions of some of them
E-contracting and Commerce is presented by Pria Chetty and details the South African legal position with regard to electronic contracts and the effect on commerce.
Back in 2001, there were a lot of Internet Law issues that were just beginning to be explored which is what gave rise to the title "Internet Law: An Expedition" -- what we did not realize back then was that many of those issues would still be evolving 15 years later! For example, this presentation discusses use of email and whether it is safe and appropriate for confidential information; Internet or computer use policies, something that I still discuss frequently, and privacy issues in the employment context. It was fascinating to take a look back down memory lane with these presentation slides.
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
E-contracting and Commerce is presented by Pria Chetty and details the South African legal position with regard to electronic contracts and the effect on commerce.
Back in 2001, there were a lot of Internet Law issues that were just beginning to be explored which is what gave rise to the title "Internet Law: An Expedition" -- what we did not realize back then was that many of those issues would still be evolving 15 years later! For example, this presentation discusses use of email and whether it is safe and appropriate for confidential information; Internet or computer use policies, something that I still discuss frequently, and privacy issues in the employment context. It was fascinating to take a look back down memory lane with these presentation slides.
Social Media and the Law - by Tom CowlingiCrossing
Social Media Law: Branded content, conversations and the new responsibilities of marketers online
Brands are becoming publishers, participants and distributors on the social web. What do they need to bear in mind from a legal perspective?
In partnership with Wired Sussex.
Since intellectual property rights (IPRs) constitute a civil right, civil enforcement plays a critical role in
IPR enforcement. However, our analysis of statistics on IPR infringement and enforcement in reports
from enforcement agencies reveals that the vast majority of IPR infringement cases in Vietnam have
been resolved under administrative route over the past time. While thousands of IP infringement
cases are handled administratively each year, only a few cases are tried by courts. The administrative
mechanism is said to be more expeditious, compact, simple, and economical in handling IPR
infringements than the lengthy trial, complicated, and costly procedures of the civil mechanism. The
above dispute-resolution situation in Vietnam results in a fact that civil relations and civil disputes are
largely resolved under administrative proceedings, resulting in inadequate protection of IPRs and,
more seriously, many violations continuing to reoccur through larger scale and more sophisticated
tricks.
IPR Enforcement Proceedings In Cambodia
Civil proceedings against IPR infringement in Cambodia
Criminal measures against IPR infringement in Cambodia
Border measures against IPR infringement in Cambodia
Mediation / DIP administrative proceedings
Coping with online copyright and trademark infringement in Cambodia
Cambodia’s lack of a customs recordal system means that the customs authorities have not yet received any requests for customs supervision regarding intellectual property rights (IPR) infringement. However, IPR holders still have options to engage Cambodian customs to enforce IPR infringement. One way is to file a request for recordal of exclusive distributorship.
National Consumer Agency guide for businesses on their legal obligations if they sell online to consumers - from eCommerce regulations to data protection.
In recent years, since the transition from centrally controlled to market –oriented
economics took place in Vietnam, consumer protection became a hot topic in both
media and legal framework.
The Ordinance on Consumer Protection was promulgated by National Assembly in
October, 1999. The ordinance is an important legal document in consumer protection,
the role of the government, and responsibilities of manufacturers, traders and service
providers in this area.
Viet Nam Association for Standardisation, Quality and Consumer Protection
(Vinastas) is social association in consumer protection. The role of the association has
become more and more important in the transition to open market where reinforcement
of quality and trade mark control is still limitted.
Unlike under the centrally planned system where trade and prices were tightly
controlled by the government, domestic trade and prices are now partially liberalized
and the government's control on external trade has been substantially reduced. Vietnam
is now a member of AFTA and expected to become a member of APEC and WTO in
the near future. Therefore trade liberalization is an inevitable step the country will have
to undertake.
Vietnamese companies and individuals are now free to trade on the domestic market
within the scope of registered business. Although external trade still requires a business
license issued by the Ministry of Trade. Apart from state owned enterprises, private
companies can now apply for a license for export and import business. The requirement
of government approval of export and import prices as well as licenses for lot shipments
of most exports and imports has been abolished. A complex system of multiple
exchange rates has been replaced with a single rate reflecting market forces. Foreign
exchange control has been greatly relaxed.
Entry of E-commerce in the business scenario has changed the rules of the game and it has affected the economic relations between and within different countries and companies.
Hence, it becomes very important to create a policy and regulatory environment that favors the development of e-commerce and harmonizes national approaches in diverse areas such as telecommunications, trade, intellectual property, privacy etc.
So, here we’ll discuss about legal and policy issues which are associated with e-commerce along with the laws and environments effective to deal with them, with special reference to the laws applicable in India.
As in house lawyers you’re ultimately responsible for the reputation of your business. This update seminar looked at various areas of law and at your role in protecting that reputation in the following areas:
- Data Protection – now that GDPR and (just in time) the Data Protection Act 2018 is in force – what have we seen since implementation? What does the recent case law and last minute ICO guidance tell us about how to deal with data? How can you best protect and prepare your business for data breaches. How should you best deal with suppliers, sub-contractors and others in order to keep your business out of the headlines?
- Employment – dealing with reputational risk and contractors, IR35 and self-employment. What do you need to do, to do right by your employees and contractors?
- Influencer marketing – with social media 'influencers' and 'brand ambassadors' being the latest in marketing ploys – what do agreements with them look like and what risks do they pose to you as a brand and under advertising law and data protection legislation?
- Vicarious liability – following the Barclays case – when are you liable for people who do work for you – whether or not they are employed by you?
- Public/private engagement – based on research by CBI and in the light of the recent changes - how best can private business engage with public sector opportunities? Where’s the reward and what’s the risk – should you be looking at this area?
Copyright – a powerful and effective weapon to repress trademark and industri...KENFOX IP & Law Office
IPR infringements are becoming increasingly sophisticated, pervasive, and continuing to grow at an alarming rate in Vietnam, much like mushrooms growing after rain. Waiting for years for a trademark/ID to be granted protection in Vietnam is not an effective therapy. It will definitely expose you/your business to irreparable risks and damage. Meanwhile, in Vietnam, initiating anti-unfair competition proceedings requires a very heavy burden of proof. Therefore, at this current stage, a time-efficient and fast IPR protection strategy, in our opinion, should be: prioritizing all necessary resources for copyright registration in addition to the registration of trademark/ID (if applicable) as soon as possible, especially when the ECCR has carried out the assessment of copyright and related rights infringement upon the requirements of IPR holders and Vietnamese authorities
Dutch gaming authority installed ahead of opening up remote gaming market. By...Market Engel SAS
On December 20, 2011, the Dutch Senate approved the legislative proposal regarding the introduction of the Gaming Authority. The new
independent regulatory body will be operational as of April 1, 2012, and will make enforcement of the Dutch gaming regulations much more effective. A change in government in October 2010 resulted in plans to modernise the Dutch gaming policy. The State Secretary for Safety and Justice now responsible for the
gaming dossier sent a policy note to the House of Representatives ("Tweede Kamer") on March 19, 2011, which marked a dramatic shift in the government's thinking on the regulation of all forms of gambling. These plans were fuelled by the final ruling of the Dutch Council of State in the post CJEU case Betfair/Ministry of Justice (Case 258/08). The supreme administrative court held that the Dutch licensing procedure is in breach of EU law because the procedure failed to comply with the principles of non-discrimination and transparency. (...) 2012 will be the year in which the legal landscape for (remote) gaming in the Netherlands undergoes a substantial redesign. While the Dutch government is shaping new remote gaming policy and intending to present a remote gaming bill in the first half of this year, the Gaming Authority will already become operational as of April 2012. These developments will create both opportunities and risks for parties active on the Dutch gaming market such as operators, software companies, PSPs and media companies. The Authority will actually have teeth to effectively enforce current and future Dutch gaming regulations which could particularly affect local-based entities or foreign entities with assets in the Netherlands. Nevertheless, it remains to be seen how the Gaming Authority will behave towards market players in the transitional period until the new remote gaming licensing regime unfolds. Without a transparent, sustainable and viable regulatory framework which is compliant with EU law, difficulties will remain with respect to enforcement.
Car Accident Injury Do I Have a Case....Knowyourright
Every year, thousands of Minnesotans are injured in car accidents. These injuries can be severe – even life-changing. Under Minnesota law, you can pursue compensation through a personal injury lawsuit.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
Visit Now: https://www.tumblr.com/trademark-quick/751620857551634432/ensure-legal-protection-file-your-trademark-with?source=share
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
Responsibilities of the office bearers while registering multi-state cooperat...
Legal Matters in E-commerce
1. Legal Matters in E-Commerce!
Benan İlhanlı | bilhanli@bb-legal.com"
2. Plan
- Definition
- Startup / Establishment
- IP rights
- Consumer protection in E-commerce
- Other relevant regulations
- Investment & Exit Process
3. Definition
- Most basic definition : commercial activities between
distant parties.
- It is not legally defined under current regulations, but only
in the draft law on E-Commerce.
- Electronic ≠ Internet : It may be done via internet (Ebay,
Markafoni), telephone (insurance brokers), SMS (Turkcell),
etc.
4. Start-up // Establishment
- Choosing the right company type
- A.Ş. (Joint Stock Company)
- Minimum capital 50,000 TL,
- Board of directors,
- More flexible,
- Attractive for investors.
- Ltd.Şti (Limited Liability Company)
- Minimum capital 10,000 TL,
- Directors (higher responsibility),
- Suitable for closely held companies, more difficult to
transfer the shares.
5. Start-up // Establishment
- Corporate documents
- Shareholders Agreement (‘SHA’) : The agreement
organizing the relation between the shareholders, exit
rights, share transfers. Best to have from the beginning.
- Articles of Association (‘AoA’) : The agreement
between the shareholders which must be registered
before the Trade Registry and published. Contains
most of the SHA provisions.
6. Intellectual Property
- Most valuable asset of an E-Commerce Business. (i.e
Google, Philips)
- Trademark
- The trademark (i.e. Gittigidiyor) to be used shall be
original and registered before Turkish Patent Institute.
- The non-registered use is possible but harder to
protect, important to act fast and register before the
launch of the business.
- Third parties may register the trademark beforehand
and that would cause a significant problem for the
business (i.e. Polo trademark).
7. Intellectual Property
- Specific protection with 556 s.KHK on Protection of
Trade Marks, providing indemnification and penal
prosecution for violations.
- Dispute resolution : Specialized IP Courts.
- It is required to register the trademark or to have the
trade name in order to obtain ‘.com.tr’ domain name
(i.e www.markafoni.com.tr)
8. Intellectual Property
- Domain Name
- Core value of the E-Commerce business.
- Vital to buy as many as possible variations of the name to be
used. For example:
- markafoni.com, markafoni.net, markafoni.org, etc.
- zizigo.com, zzigo.com, zuzigo.com, etc.
- misspera.com.tr, mısspera.com, mişpera.com, etc
- Dispute resolution : for international domain names
(i.e .com, .net, etc) WIPO arbitration. The main evidence is
always the trademark.
- Dispute resolution : for turkish domain names (.com.tr, .net.tr,
etc) almost inexistent, a group in ODTU.
9. Intellectual Property
- Trade Name
- It is the company name (i.e Sahibinden Bilgi
Teknolojileri Pazarlama ve Ticaret A.Ş.)
- Provides a generic protection on the name based on
Turkish Commercial Code.
10. Intellectual Property
- Protecting the IP Rights
- The photographs or other similar materials produced by an
E-Commerce business is in its own property and shall be
duly protected.
- Employment contracts shall always include a provision that
the Company owns the IP rights of even if produced by an
employee.
- On the other hand, an E-Commerce business shall respect
the rights on IP protected material and shall not use these
material on the website, nor import counterfeit products.
11. Consumer Protection
- Draft Law on E-Commerce : Pending to be enacted.
- Regulates both B2B and B2C.
- Provides private data protection and sanctions
unwanted commercial messages (SMS, e-mail) without
the prior approval of the consumer.
- Law on Protection of Consumers and Regulation on Distant
Contracts
- Regulates the distant contracts (contracts stipulated
between the seller and consumer without physical
presence and trough written, visual, phone and
electronic means).
12. Consumer Protection
- Since the E-Commerce Businesses rely mostly on consumers,
the transactions are mainly based on these regulations.
- Issues Related to Distant Contracts
- Turkish law requires the E-Commerce businesses to stipulate
a distant sales contract and pre-information form with the
consumers.
Terms of Service (‘ToS’)
Legal disclaimer and
considered to be approved
by being read in the
website.
Distant Sales Contracts
This is a legal document
approved electronically
(opt-in) by the consumer
13. Consumer Protection
- Withdrawal Right of Consumers
- The consumers are entitled to withdraw from their
purchases within 14 days of delivery in accordance with
the new Consumer Protection Law.
- Exceptions: Hygienic products, DVD, CD, printer
cartridges, etc.
- Seller shall return the payment within 10 days from the
withdrawal and the consumer shall return the good
within 20 days (at the expense of the Seller).
14. Consumer Protection
- Defective Goods
- Apart from the withdrawal right, consumers are entitled to
1. return the good,
2. ask for a replacement,
3. reduction on the price, or
4. ask for repair
for visible defects within 6 months of the delivery.
- The invisible defects, which may appear with the use of the
good, are subject to 2 years-period of claim. This term
expires in 5 years for the real-estate for residence or vacation
purposes.
15. Consumer Protection
- Dispute Resolution
- Consumer Arbitration Commissions
- County Commissions (up to TRY 2,000)
- City Commissions (up to TRY 3,000)
- Between TRY 2000-3000 TL City Commissions are
mandatory in metropolitan areas.
- Consumer Courts
- The consumer courts are competent for the sums
above the limits given above.
16. Other Relevant Regulations
- Customs
- Sending goods from abroad : All goods with a value
superior to Euro 75 are subject to importation
procedures (taxes, duties, etc.). The perfumery
products cannot be delivered from abroad. (i.e.
Strawberrynet)
- Importing goods : All imports shall be done in
accordance with Turkish law, parallel import is possible
but the goods shall be original (the counterfeit
products may be confiscated by the customs).
17. Other Relevant Regulations
- Regulatory Authorities & Criminal Regulations
- Internet is regulated by Information and
Communications Technologies Authority (‘ICTA’) in
Turkey.
- ICTA and other bodies under its supervision are
entitled to suspend the access to a certain website,
non compliant with laws. Thus, it is very important
for E-Commerce businesses to comply with the
regulations.
18. Other Relevant Regulations
- The following categorical crimes are mentioned in the
Law numbered 5651 on the Crimes Committed on
Internet;
- Manipulation for suicide,
- Sexual abuse of children,
- Enabling narcotic materials,
- Providing dangerous materials to health,
- Pornography,
- Prostitution,
- Gambling,
- Crimes against Ataturk.
- Any content published in the website and falling under
the mentioned categorical crimes would cause the
suspension of the access to the website by ICTA.
19. Other Relevant Regulations
- The article added to the law numbered 5651 on 06.02.2014
provides the suspension based on the protection of the
privacy.
- The claimants are entitled to ask the suspension directly from
ICTA.
- Should ICTA approves the claim, the internet service
providers shall comply with the suspension within 4 hours.
- The suspension shall be applied based on the URL of the
violating publication, picture, video.
20. Other Relevant Regulations
- The violations of third parties’ IP rights might cause the
suspension by a court resolution as well.
- The directors of the company might be criminally liable
for the content, thus better act prudently than to be
sorry.
21. Other Issues
- Inspections from the Ministry of Customs and Trade
- Charge back issues
- Complaints to prosecutors’ offices, claiming that the E-Commerce
business has committed a fraud
- Complaints to the ministry or the minister himself
- Complaints and/or insults on social media
- Copy cat websites
22. Investment
- Finding investments : a matter of life or death.
- Choosing your partner : Angel investor, VC or strategic
investor.
- Phases of Investment:
- Primary negotiations and valuation
- Term Sheet / Letter of Intent (LOI) / Memorandum of
Understanding (MOU) / Heads of Terms
- Due diligence and Subscription and Shareholders
Agreement
- Payment of the money (finally)
- General Assembly meeting and capital increase
23. Exit
- The governing document would be Share Purchase
Agreement (‘SPA’).
- Not so easy because of the lock-up periods.
- In most cases, several years of non-compete obligations.
- In most cases, the exiting shareholders would be giving
pages of representations and warranties and indemnify the
purchaser in case of a breach.
24. Cumhuriyet
Cad.
No.147
K.1
Harbiye
-‐
Istanbul
T:
+90
212
219
16
30
F:
+90
212
219
16
32
info@bb-‐legal.com
www.bb-‐legal.com
Istanbul
|
Roma
|
Milano
|
Bologna